5 U.S.C. § 3101: General authority to employ

Each Executive agency, military department, and the government of the District of Columbia may employ such number of employees of the various classes recognized by chapter 51 of this title as Congress may appropriate for from year to year. the term ‘agency’ has the meaning given the term ‘Executive agency’ in section 105 of title 5 , United States Code; a temporary position; or a political position; is not serving in an appointment to a political position; and served as a political appointee during the 5-year period ending on the date of the request for an appointment to a covered civil service position in any agency; the term ‘political appointee’ means an individual serving in an appointment to a political position; and a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of title 5 , United States Code; or a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations. the date on which the request was received by the Office of Personnel Management; subject to subsection (c), the name of the individual and the political position held by the individual, including title, office, and agency; the date on which the individual was first appointed to a political position in the agency in which the individual is serving as a political appointee; the grade and rate of basic pay for the individual as a political appointee; the proposed covered civil service position, including title, office, and agency, and the proposed grade and rate of basic pay for the individual; whether the Office of Personnel Management approved or denied the request; and the date on which the individual was appointed to a covered civil service position, if applicable; and the date on which the request was received by the Office of Personnel Management; subject to subsection (c), the name of the individual and the political position held by the individual, including title, office, and agency; the date on which the individual was first appointed to any political position; the grade and rate of basic pay for the individual as a political appointee; the date on which the individual ceased to serve in a political position; the proposed covered civil service position, including title, office, and agency, and the proposed grade and rate of basic pay for the individual; whether the Office of Personnel Management approved or denied the request; and the date on which the individual was first appointed to a covered civil service position, if applicable. In the last year of the term of a President, or, if applicable, the last year of the second consecutive term of a President, the report required under paragraph (1) shall be submitted quarterly and shall cover each quarter of the year, except that the last quarterly report shall also cover January 1 through 20 of the following year. was requested to be appointed to a covered civil service position; and was not appointed to a covered civil service position; or relating to whom a request to be appointed to a covered civil service position is pending at the end of the period covered by that report.” For the purpose of this section, the term ‘agency’ means an Executive agency (as defined by section 105 of title 5 , United States Code), but does not include the Government Accountability Office. 2,084,600 during fiscal year 1994; 2,043,300 during fiscal year 1995; 2,003,300 during fiscal year 1996; 1,963,300 during fiscal year 1997; 1,922,300 during fiscal year 1998; and 1,882,300 during fiscal year 1999. continuously monitor all agencies and make a determination on the first date of each quarter of each applicable fiscal year of whether the requirements under subsection (b) are met; and notify the President and the Congress on the first date of each quarter of each applicable fiscal year of any determination that any requirement of subsection (b) is not met. If, at any time during a fiscal year, the Office of Management and Budget notifies the President and the Congress that any requirement under subsection (b) is not met, no agency may hire any employee for any position in such agency until the Office of Management and Budget notifies the President and the Congress that the total number of full-time equivalent positions for all agencies equals or is less than the applicable number required under subsection (b). the existence of a state of war or other national security concern so requires; or the existence of an extraordinary emergency threatening life, health, safety, property, or the environment so requires. Subsection (d) may be waived, in the case of a particular position or category of positions in an agency, upon a determination of the President that the efficiency of the agency or the performance of a critical agency mission so requires. Whenever the President grants a waiver pursuant to subparagraph (A), the President shall take all necessary actions to ensure that the overall limitations set forth in subsection (b) are not exceeded. The total number of funded employee positions in all agencies (excluding the Department of Defense and the Central Intelligence Agency) shall be reduced by one position for each vacancy created by the separation of any employee who has received, or is due to receive, a voluntary separation incentive payment under section 3(a)–(e) [ 5 U.S.C. 5597 note]. For purposes of this subsection, positions and vacancies shall be counted on a full-time-equivalent basis. No funds budgeted for and appropriated by any Act for salaries or expenses of positions eliminated under this subsection may be used for any purpose other than authorized separation costs. paragraph (1) shall apply to vacancies created in such agency; and the reductions required pursuant to clause (i) shall be made in the number of funded employee positions in such agency. In the case of a particular position in an agency, subparagraph (A) may be waived upon a determination by the head of the agency that the performance of a critical agency mission requires the waiver. No law may be construed as suspending or modifying this paragraph unless such law specifically amends this paragraph. The President shall take appropriate action to ensure that there is no increase in the procurement of service contracts by reason of the enactment of this Act [see Tables for classification], except in cases in which a cost comparison demonstrates such contracts would be to the financial advantage of the Federal Government.”